Allowed

M.Kannan v. State, Rep. by

Madras HC2 Mar 2021CRL OP/20257/2020

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner apprehending arrest under IPC sections 430 and 379 regarding illegal sand transport, conditioned upon a non-refundable deposit and strict compliance with reporting and surety bonds.

What did the court decide?

Grant of anticipatory bail upon deposit of Rs. 10,000, execution of bond with two sureties, daily reporting for 2 weeks, and non-absconding.

M.Kannan Vs State, Rep. by — Environment and Pollution | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Tuesday, the Second day of March Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice V. BHARATHIDASAN

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CRIMINAL ORIGINAL PETITION No.20257 of 2020

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M.KANNAN [ PETITIONER / ACCUSED ]

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Vs STATE, REP. BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, B-3 KANCHI TALUK POLICE STATION, KANCHEEPURAM DISTRICT. CRIME NO.739 OF 2019.

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For Petitioner : M/S.R.SASIKUMAR Advocate

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For Respondent : MR.S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR

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PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 430 and 379 of I.P.C r/w Section 21(1) of Mines and Minerals Act and Section 3(1) of TNPPDL Act in Crime No.739 of 2019, on the file of the respondent police, seeks anticipatory bail.

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2 . The case of the prosecution is that the petitioner had transported one unit of river sand illegally without any valid licence. Hence, the complaint.

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3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On instruction, he would further submit that the petitioner is prepared to deposit some considerable amount to any charitable organization or association without prejudice to his contention and prayed for grant of anticipatory bail.

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4. The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of river sand involved is one unit. He further submitted that there are no previous case pending against the petitioner.

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On perusal of records it is seen that earlier the petitioner https://hcservices.ecourts.gov.in/hcservices/ has approached this Court for the same offence in Crl.O.P.No.30794

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of 2019 and this Court by an order dated 15.11.2019 directed the petitioner to pay a sum of Rs.60,000/- to the credit of the concerned District Mineral Foundation Trust and the said condition was relaxed in Crl.M.P.No1032 of 2020 and the petitioner was directed to pay a sum of Rs.10,000/- to the credit of concerned District Mineral Foundation Trust and the petitioner has not paid the amount, hence the Crl.O.P.No.30794 of 2019 and Crl.M.P.No1032 of 2020 were dismissed. Therefore the petitioner has filed the present Anticipatory Bail application.

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Therefore this Court directs the petitioner to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non refundable deposit to 'Samayavalli Thayar Anbu Illam, 148, 2^nd Main Road, Swami Vivekananda Nagar, Near New Bridge, Bye Pass Road, Ambur – 635 802 , Lakshmi Vilas Bank, A/C.No.104301000020134, IFSC Code. No.

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LAVB0000104 without prejudice to his rights and contentions before the trial Court.

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6. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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7. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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(a) The petitioner is directed to deposit a sum of Rs.10,000/(Rupees Ten Thousand Only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of ' 'Samayavalli Thayar Anbu Illam, 148, 2^nd Main Road, Swami Vivekananda Nagar, Near New Bridge, Bye – Pass Road, Ambur 635 802 , Lakshmi Vilas Bank, A/C.No.104301000020134, IFSC Code. No. LAVB0000104 and on such payment and production of proof of deposit of the above amount, he shall be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Kanchipuram , on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that:

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[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation.

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[d] the petitioner shall not tamper with evidence or witness https://hcservices.ecourts.gov.in/hcservices/ either during investigation or trial.

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[e] the petitioner shall not abscond either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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8. With the above directions, this Criminal Original Petition is ordered.

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-sd/02/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE II, KANCHIPURAM.

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2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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4 THE SUB INSPECTOR OF POLICE, B3 KANCHI TALUK POLICE STATION, KANCHEEPURAM DISTRICT.

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5 THE SAMAYAVALLI THAYAR ANBU ILLAM, 148, 2^ND MAIN ROAD, SWAMI VIVEKANANDA NAGAR, NEAR NEW BRIDGE, BYE PASS ROAD, AMBUR – 635 802, LAKSHMI VILAS BANK, A/C.NO.104301000020134, IFSC CODE. NO. LAVB0000104

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+1 CC to M/SR.SASIKUMAR Advocate on payment of necessary charges SR.NO.2628

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TA-26/03/2021 https://hcservices.ecourts.gov.in/hcservices/

M.Kannan v. State, Rep. by

Case brief

What is this about?

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M.Kannan v. State, Rep. by

Case brief

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